The Last Testament of the Earl of Bothwell

In the
summer of 1573, James Hepburn, 4th Earl of Bothwell was moved from captivity in
Malmo to close imprisonment at the state prison of Dragsholm. He was reported to
be insane and to be having maniacal attacks.

If the Earl of Bothwell was insane, would it be possible for him to dictate a
testament and will to witnesses declaring Queen Mary's innocence in regards to
the murder of Darnley, and his involvement with other women?

Bothwell is said to have fallen ill at Malmo, before he was moved to Dragsholm.
He recovered, but was he sick enough to believe he would die, and so made a
will, exonerating Mary from all suspicions and crimes?

It is recorded by historians such as Humphrey Drummond and Robert Gore-Brown
that this confession and testament are forgeries. Humphrey Drummond (author of
'The Queen's Man') says this about the testament: "it is now known to be a
complete forgery. Even the names of the supposed witnesses are those of people
known by that date to be dead" (pg. 163 of The Queen's Man). Robert Gore-Brown
(author of Lord Bothwell) has this to say: "If a full length testament ever
existed, it quickly disappeared. Reputed abstracts in Scots and French survive
to prove it a forgery contrived by some supporter of the Queen who had a little,
proverbially dangerous, knowledge of Denmark. In these abstracts the confession
is said to have been made when the Earl was 'sick unto death in the Castle of
Malmoe'. When he had finished, he 'forgave all the world and was sorrowful for
his offences and did receive the sacrament that all the things he spoke were
true. And so he died'. It is a pity so edifying a scene is discredited by a
genuine death at Dragsholm several years later" (pg. 454 of Lord Bothwell).

The testament and confession bring to mind more questions than answers. If it
was true, Bothwell would be admitting to be behind the death of Darnley, that he
had had his way with many women, that he meant to do away with the young James
VI and many Lords of Scotland once he became King. He also claims he used
witchcraft to befriend Mary.

I personally believe the confession and testament to be a forgery. The main
reason for this is the fact that it states that Bothwell died at Malmo. This is
where Bothwell was kept 'before' he was moved to Dragsholm. The situation of the
so-called witnesses also puts the testament into doubt.

There is a question over the so-called witnesses of this testament. As Humphrey
Drummond points out, some of these witnesses had passed on 'before' Bothwell had
died himself. Robert Gore-Brown notes that whoever forged the testament and
confession couldn't have had up to date information on Denmark. The testament
states the witnesses to be: Berreis Cowes of Malmy Castle; Otta Braw of
Alffenbrowghe Castle; Pieris Braw of Veseull Castle, Mouns.; Gulliam Starne of
Sentoftira Castle; Bishop of Skone and four baylyves of the Toune. Gore-Brown
translates these as: the Bishop of Scania; the four magistrates of Malmoe; Bjorn
Kaas, the govenor; Otto Brahe of Helsingborg; Morgens Gyldenstjerne of Fultofte
and two other notabilities.

Whoever wrote this testament obviously was not up to date with their
information. It is said that Otto Brahe, who was the father of Tycho Brahe the
astronomer, was actually dead by March of 1571. Only nine months after Bothwell
had arrived at Malmoe, Gyldenstjerne died in October of 1569. How is it possible
that dead people could witness Bothwell dictating his testament and will?

The fact that the testament states that Bothwell won Mary over by magic, also
puts a question mark over its validity. Whoever wrote the testament wanted
people to believe that Mary was innocent of her connection with Bothwell, that
it was not her fault she married him and everything was out of her control.
Evidence shows that it was Bothwell's loyalty to her and her mother that brought
them together. Bothwell was the only loyal Lord she could count on in times of
trouble. Magic had nothing to do with it.

The testament I am showing you has been written by two different hands. This
also casts some doubt upon it. Why is there two copies of the same document?
Were there multiple copies made and distributed, or were there some made for
prosperity reasons? Who wrote them?

(Two Mss. With this title, differing somewhat in their spelling and handwriting,
are now in the library of the University of Edinburgh. How they came into the
hands of Drummond is not known but the probability is that he obtained
possession of them through some friend who had been in the court of James VI. It
would appear from the fact that two other Mss. of the same document, almost
indentical with the two in the University Library, are still extant in the
British Museum, that numerous copies, all derived of seeing how very much alike
all these Mss of Bothwell's so-called testament are, may compare the one printed
verbatim in this note with that given by Miss Strickland from the Mss in the
British Museum, Letters of Mary Queen of Scots, vol. 1, pp. 304-6. The two Mss
now in the library of the University of Edinburgh were recovered, along with
some others, in 1875. They had been taken home for some purpose by a former
librarian, and he having died suddenly while they were in his possession, they
fell into the hands of one of his relations, who, on learning subsequently their
nature, restored them to the present librarian, John Small, M.A. - Translator.)

The confessione of the Lord Bothuell, before he dyed, in the presence of 4 Lords
of Denmarke uith many uthers in Malmye Castle, under the King of Denmarks
jurisdictione; being more at length in the Latine and Danes tongue written. And
these be their names, Berreis Cowes of Malmy Castle, Otta Braw of Alffenbrowghe
Castle, Pieris Braw of Veseull Castle, Mouns. Gulliam Starne of Sentoftira
Castle. With the Bishops of Skone and four Baylyves of the Toune, desyreing him
that he would declare his confession, and say nothing but the truth, concerning
the King and Queene and childe hir sone.

"Secondly, he did take it upon him with his death, that the Queen did never knou
nor consent to the death of the King; but he and his friends by his appointment
and devyse; and likuyse divers uther Lords consenting thereunto, which uas not
there at that present deide doing. And thes be their names, The Lord Mortoun nou
regent, The Lord James, The Erle of Glencairne, The Erle of Argyle, The Lord
Robert, The Lord Lethingtoune, The Lord Boyde, The Laird of Grange, The Lord
Erle Huntley, The Erle of Crawfourd, The Laird of Buckleuche, The Lord of
Pharnyharst (Fernyhurst) uith many others.

"Thirdly, he did confesse, that all the friendship he had at the Queens hands,
was by means of witchcraft, and al inventions that belong therto, to make hir to
love him : and he did find the means to put his maryed wuif away. He did
confesse that after the marriage he did seek all the means possible to destroy
the young child : And also he sought all the means he could to destroy many
Lords of Scotland, and that by treason.

"Fourthly, he confessed that he had deceived many Gentlewomen both of France and
England, uith many other uilde (wild) facts uhich he said uare too long to
rehearse, asking God forgiveness therefore : And likuyse did confesse, that he
had taken auay too Ladys Daughters out of Denmark into Scotland, and made them
both believe he would marry ym, and did defloure yem of the virginitie, and
likuyse many Gentlewomen of Scotland.

"Fifthly, he confessed that he had deceived tuo of the Borrou maister's
daughters of Hokirks (Lubeck, according to the copy printed by Miss Strickland)
with many moe deids in that place; uhich he said uould be too long to declare at
length : But these expressed and all his offences he did since his birth, he did
aske forgiveness, and did forgive all the uorld, and uas sorrowful for his
offences, and did receive the sacrament, that this uas good and true. And
therafter dyed.